shall by like order of the commiffioners, be forthwith divided amongst fuch of the bankrupt's creditors as shall have made due proof of their debts, in proportion to their feveral and respective debts; which fecond dividend fhall be final, unless any fuit at law, or equity, be depending, or any part of the estate standing out, that could not have been disposed of, or that the major part of the creditors fhall not have agreed to be fold or disposed of, or unless fome other or future eftate or effects of the bankrupt fhall afterwards come to, or reft in the said affignees, in which cafes the faid affignees fhall, as foon as may be, convert fuch future or other estate and effects into money, and fhall, within two months after the fame be converted into money, by like order of the commiffioners, divide the fame among fuch bankrupt's creditors as fhall have made due proof of their debt under fuch commiffion.

Bank

vided

Sec. 31. And be it further enacted, That in the distribution of the bankrupt's effects, there shall be paid to every of the creditors a porrupt's eftion-rate, according to the amount of their tate to be respective debts, fo that every creditor having proportifecurity for his debt by judgment, ftatute, onally direcognizance, or fpeciality, or having an at- without tachment under any of the laws of the indi- regard to vidual states, or of the United States, on the creditor's eftate of such bankrupt, (Provided there be fecurity. no execution executed upon any of the real or personal estate of fuch bankrupt, before the time he or she became bankrupts) shall not be relieved upon any fuch judgment, ftatute, recognizance, fpeciality, or attachment, for more than a rateable part of his debt, with the other creditors of the bankrupt.

books of

open to

Sec. 32. And be it further enacted, That the Affignees aflignees fhall keep one or more diftin&t book, fhall keep or books of account, wherein he or they fhall account, duly enter all fums of money or effects, which he or they fhall have received, or got into his the credi- or their poffeffion, of the said bankrupt's ef tors' in- tate, to which books of account, every crefpection. ditor who fhall have proved his or her debt, fhall, at all reasonable times, have free refort, and infpect the fame as often as he or fhe fhall think fit.

Sec. 33. And be it further enacted, That every Bankrupt bankrupt, not being in prifon or cuftody, bound to fhall, at all times after his furrender, be bound attend the to attend the affignees, upon every reafonable aflignees notice, in writing, for that purpose, given or quired. left at the ufual place of his or her abode, in

when re

order to aflift in making out the accounts of the faid bankrupt's eftate and effects, and to attend any court of record, to be examined touching the fame, or fuch other business, as the faid affignees fhall judge neceffary, for which he fhall receive three dollars per day.

Sec. 34. And be it further enacted, That all and every person and perfons who fhall become bankrupt as aforefaid, and who fhall, within the time limited by this act, furrender him or herself to the commiffioners, and in all things conform as in and by this act is directed, fhall be allowed five per cent. upon the nett produce of all the eftate that fhall be recovered in and received, which fhall be paid unto him or her by the affignee or affignees, in cafe the nett produce of such eftate, after such allowance made, fhall be fufficient to pay the creditors of faid bankrupt, who fhall have proved their debts under fuch commiffion, the amount of fifty per cent. on their

debts

faid debts, respectively, and fo as the said five per cent. fhall not exceed in the whole, the fum of five hundred dollars; and in cafe the nett produce of the faid eftate fhall, over and above the allowance hereafter mentioned, be fufficient to pay the faid creditors feventy-five per cent. on the amount of their faid debts, respectively, that then the faid bankrupt fhall be allowed ten per cent, on the amount of fuch nett produce, to be paid as aforefaid, fo as fuch ten per cent. fhall not, in the whole, exceed the fum of eight hundred dollars; and every such bankrupt fhall be discharged from He fhall all debts by him or her due or owing, at the be diftime he or she became bankrupt, and all charged which were or might have been proved under from all the said commiffion; and in cafe any fuch which bankrupt shall afterwards be arrested, profe- might be cuted or impleaded, for or on account of any proved of the said debts, fuch bankrupt may appear without bail, and may plead the general iffue, and give this act, and the fpecial matter in evidence: And the certificate of fuch bankrupt's conforming, and the allowance thereof, according to the directions of this act, fhali be, and fhall be allowed to be fufficient evidence, prima facie, of the party's being a bankrupt within the meaning of this act, and of the commiffion and other proceedings precedent to the obtaining fuch certificate, and a verdict shall thereupon pass for the defendant, unless the plaintiff in fuch action can prove the faid certificate was obtained unfairly, and by fraud, or unless he can make appear any concealment of eftate or effects. by fuch bankrupt to the value of one hundred dollars: Provided, That no fuch discharge of a bankrupt, fhall release or discharge any per

under the

commif

fion.

If the

bank

not pay half his debts,

he fhall

fon who was a partner with fuch bankrupt, at the time he or she became bankrupt, or who was then jointly held or bound with fuch bankrupt for the fame debt or debts from which fuch bankrupt was discharged as aforefaid.

Sec. 35. Provided always, and be it further enacled, That if the nett proceeds of the bankrupt's ef- rupt's eftate, fo to be difcovered, recovered. tate does and received, shall not amount to so much as will pay all and every of the creditors of the faid bankrupt, who fhall have proved their what al- debts under the faid commiffion, the amount lowance of fifty per cent. on their debts refpectively, after all charges firft deducted, that then, and in fuch cafe, the bankrupt fhall not be allowed five per centum on fuch eftate as fhall be recovered in, but fhall have and be paid by the affignees fo much money as the commiffioners hall think fit to allow, not more than three hundred dollars, nor exceeding three per centum on the nett proceeds of the faid bankrupt's estate.

have.

A certif cate of

it is to

Sec. 36. Provided alfo, and be it further enacted, That no perfon becoming a bankrupt according to the intent and provifions of this difcharge act, fhall be entitled to a certificate of dif may ne- charge, or to any of the benefits of the act, ceffary, unless the commiffioners fhall certify under and how their hands, to the judge of the district within which fuch commiffion iffues, that fuch bankrupt hath made a full difcovery of his or her eftate and effects, and in all things conformed him or herfelf to the directions of this act, and that there doth not appear to them any reafon to doubt of the truth of fuch dif covery, or that the fame was not a full difcovery of the faid bankrupt's eftate and ef

be obtained.

fects; or unless the faid judge fhould be of opinion that the faid certificate was unreafonably denied by the commiffioners; and unless two-thirds, in number and in value, of the creditors of the bankrupt, who fhall be creditors for not less than fifty dollars respectively, and who fhall have duly proved their debts under the faid commiflion, fhall fign fuch certificate to the judge, and testify their confent to the allowance of a certificate of dif charge, in pursuance of this act; which figning and confent fhall be alfo certified by the commiffioners; but the faid commiffioners fhall not certify the fame till they have proof by affidavit or information, in writing, of such creditors, or of the perfons refpectively authorized for that purpose, figning the faid certificate; which affidavit or affirmation, together with the letter or power of attorney to fign, fhall be laid before the judge of the diftrict within which fuch commiffion iffues, in order for the allowing the certificate of dif charge, and the faid certificate fhall not be allowed unless the bankrupt make oath or affirmation in writing, that the certificate of the commiffioners, and confent of the creditors thereunto, were obtained fairly and without fraud; and any of the creditors of the faid bankrupt are allowed to be heard, if they shall think fit, before the respective perfons aforefaid, against the making or allowing of fuch certificates by the commiffioners or judge.

Sec. 37. And be it further enacted, That if any creditor, or pretended creditor or any For what bankrupt, fhall exhibit to the commiffioners mifconany fictitious or falfe debt, or demand, with duct of intent to defraud the real creditors of fuch bankrupt, and the bankrupt fhall refufe to thall lot

the bank

rupt, he